Warrant, 31 December 1695, Edinburgh

Edinburgh the Seventeinth day of January J^aj vj^c nyntie five years

D1695/1/27

D1695/1/27¹

Act

Act The Lady Dalvey

Anent a petition given in to the Lords of his Majesties privy Councill be Dame Agnes Scot relict of Sir James Grant of Dalvey Shewing that quher the petitioners husband was lately removed by death upon his way from the north to Edinburgh without having made any testament either as to the nameing of ane executor or as to the appointing of tutors to the petitioners daughters the only Cheldrein Lykeas his brother and air male and who should succeid to him in his wholl estate and fortune Is now absent in Ireland so that albeit by the petitioners Contract of mariage the petitioner be provyded to ane hundred punds sterling yearly and that her Cheldrein have alse particular provisiones and are oblidged to be aliamented untill the portiones fall due as likwayes that ther is a suficient estate both for the petitioners Childrein and the heir male yet by reasone of the forsaid Circumstances and that the petitioners husband dyed after the Mertimiss the petitioner Could put her hand to nothing either to pay funerall Charges or to aliement her self and familly that ought to be aliemented untill the terme that the petitioners enter to the payment of her Joyntur Which Cannot be till after Whitsunday nixt And seing that in such a necessitous case ther Lordships are the only refuge that could provyd some remeedy by warranting the petitioner to uplift also much of bygone annualrents and rents resting by debitors and tennants as might be necessary for defraying the said funerall Charges and aliementing the petitioner her Childrein and familly untill some Legall and regular Course may be taken for that effect And Therfore humbly Craving the saids Lords would be pleased in Consideration of the premises and that ther Could be no prejudice to any persone quhatsomever in what wes demanded to modifie to the petitioner ane Certaine soume for the ends and uses forsaid and to apoint the same to be payed to the petitioner out of the List of annualrents and rents that the petitioner has heirto subjoyned and by the persones Lyable in payment therof and to Grant warrand for letters for that effect as the saids Lords should see Cause as the petition bears The Lords of his majesties privy Councill having Considered this petition given in to them be the above Dam Agnes Scot They heirby Modifie the soume of Fiftie punds Sterling To be payed to the petitioner out of the bygone rents annualrents resting to her deceast husband by the persones debitors therin for the petitioners aliement from the time of her husbands decease till the terme of Whitsunday nixt to come And Declairs that her Discharge shall be a suficient exoneratione to them of the said soume And ordaines letters of horning one six dayes to be direct at the petitioners instance against the debitors to be Condescended by her in the said horning for payment of the said Soume out of the rents or annualrents to be alsoe Condescended on in the saids letters and others upon the premisses in forme as effeirs.